On Brexit
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On Brexit

Law, Justices and Injustices

Edited by Tawhida Ahmed and Elaine Fahey

Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit.
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Chapter 10: Brexit and the balance of free movement and social justice

Polly Ruth Polak

Abstract

The modern welfare state is underpinned by the notion of redistributive justice and solidarity among the nationals of the state, that is, by the concept of national social justice. This welfare nationalism has proven very difficult to balance with EU citizenship and free movement rights, which in turn need to be underpinned by non-discrimination and equal access to social benefits, i.e., European social justice. This chapter analyses the recent destabilising of the balance between free movement and social justice constructed by the Court of Justice in earlier case-law and calls for a new balance to be struck in order to avoid more damage to European integration as that inflicted by Brexit.

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